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HomeMy WebLinkAboutMinutes City Council - 09/14/2004I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of the Regular Meeting of the Corpus Christi City Council of September 14, 2004, which were approved by the City Council on September 21, 2004. WITNESSETH MY HAND AND SEAL, on this the 21st day of September 2004. A ando Chapa City Secretary SEAL MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 14, 2004 - 10:00 a.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Javier Colmenero (Arrived at 10:13 a.m.) Council Members: Brent Chesney Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott ABSENT Melody Cooper City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Mike Behrendt of Galilean Lutheran Church, ELCA, and the Pledge of Allegiance to the United States flag was led by Council Member Kinnison. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal thanked Mayor Pro Tem Colmenero for presiding over the August 31 Council meeting in his absence. Mayor Neal called for approval of the minutes of the joint Council meeting of August 24, 2004 and the regular Council meeting of August 31, 2004. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * * Mayor Neal referred to Item 2 and the following board appointments were made: Electrical Advisory Board Bill Ewing (Appointed) Richard Gray (Appointed) Nueces County Community Action Agency Mayor Loyd Neal (Reappointed) Council Member Javier Colmenero (Reappointed) Council Member Jesse Noyola (Reappointed) * * * * * * * * * Sister City Committee Randy Farrar (Reappointed) Hsiu "Mindy" Chang (Reappointed) Regis Barber (Reappointed) Sonia Quadros Heil (Appointed) Heather S. Moretzsohn (Appointed) Joseph P. Alley (Appointed) Venecia Kelly (Appointed) Vicki Garza (Appointed) Minutes - Regular Council Meeting September 14, 2004 - Page 2 Mayor Neal referred to the presentations on the day's agenda. He deviated from the agenda and referred to Item 4, a presentation on the hurricane evacuation lane on 1-37. TxDOT District Engineer Craig Clark introduced Mr. Ismael Soto, director of transportation operations, to report on TxDOT's progress on hurricane planning and evacuation in the area. Although TxDOT was working to improve the hurricane evacuation process on I-37, Mr. Soto emphasized that the use of alternate routes and the need for citizens to develop individual evacuation plans were high priorities. Mr. Soto reviewed the evacuation issues learned from previous hurricane events. Three areas were especially susceptible to congestion as follows: the JFK causeway, the SH 358/I-37 interchange, and the I-37/US 77 interchange. He said the greatest traffic congestion was experienced in the latter intersection, I-37/US 77 interchange in the Calallen area. Mr. Soto discussed the various improvements made to each of the areas. Regarding the JFK causeway, he said an elevated section of the causeway was opened in August 2004. A four -lane divided roadway was scheduled for completion in October or November 2004. Finally, he said the entire project was estimated for completion in November or December 2004. With regard to the SH 358 (South Padre Island Drive) and I-37 area, Mr. Soto reported on several improvements. First, he said the one -lane connector ramp in that area had been converted into a two-lane connector ramp to address congestion problems. He said TxDOT had also milled the surface of this roadway to provide better traction in wet weather. Second, he said a $1,604,860.72 contract was awarded to Bay, Ltd. to rebuild the Lantana Street overpass and re -work the S.P.I.D. to northbound I-37 connector to support two lanes. The work was scheduled to begin after hurricane season. Third, he discussed progress on the plan to reduce the shoulders of I-37 to create an additional hurricane evacuation lane. The plan was comprised of two projects as follows: an urban section approximately 18 miles long and a rural section approximately 51.5 miles long. He reported the northbound urban section was substantially complete and ready for use, and the rural section was close to completion. He said both projects were scheduled for completion this year. He noted the rural section of the project began at the I-37 / US 77 interchange, and would convert the shoulder into a third evacuation lane until State Highway 72, north of Three Rivers. Mr. Soto stated that TxDOT would need 2-4 days notice to implement the necessary re -striping and signage for the project. Mr. Scott questioned whether the city would be able to provide TxDOT with three days notice before a hurricane event for lane re -striping and roadway signage. Mr. Soto replied that advances in hurricane forecasting made this type of notice possible. He also said TxDOT had redesigned the plan for a quicker response time. Mr. Soto reported on signage improvements for the rural evacuation lane. He said they designed a standard sign with a plaque on the bottom right that can be changed quickly. Mr. Soto discussed the plan to transition the hurricane evacuation lane back into a shoulder. He said the plan was to transition the roadway at State Highway 72, allowing citizens to take the following alternate routes: continue northeast on Hwy. 72 to Karnes City; take S.H. 183 to the Austin/San Marcos area; or take Hwy. 16 at Three Rivers to San Antonio. In addition, he said TxDOT was in the process of implementing a new lane configuration to extend the limits of Hwy 72, and the San Antonio district in turn was working on intersecting this roadway to Hwy. 281 to Minutes - Regular Council Meeting September 14, 2004 - Page 3 Pleasanton. He stated that Hwy. 281 was a good route that could better handle the large capacity traffic into San Antonio. He anticipated that the plan would be implemented by next year. Mr. Soto also reported that 1-37 has been resurfaced with a new type of pavement called a "porous friction course". The porous friction course served to reduce spray from vehicles and improve traction in wet weather by making the rain flow through the pavement instead of over the surface of the pavement. In conclusion, Mr. Soto reminded the Council and the citizens there were alternate evacuation routes that were not being fully utilized as follows: US 77 to US 183; FM 624 to SH 16; SH 44 to Laredo; FM 43 to FM 665 to SH 44; and FM 70 to SH 44. He said even with all the hurricane evacuation route improvements to I-37, it would still be subject to congestion under heavy usage. He recommended that citizens work on their individual evacuation plans (e.g. to do list, pack provisions, alternate routes) now so they would be prepared to leave early in case of a hurricane evacuation. He said TxDOT, in conjunction with the city, had prepared brochures and maps delineating the alternate evacuation routes for the public. In addition, he said TxDOT would provide up-to-date roadway information to the public during a hurricane evacuation event at their toll-free number (1-800-452-9292) or on their website (www.dot.state.tx.us/road conditions). Mr. Kelly acknowledged the new surface on I-37 was extraordinary during wet weather conditions. He noted a dramatic difference in performance, however, where there were gaps between the old pavement and the new pavement. He asked when the gaps would be closed. Mr. Clark replied TxDOT was in the process of filling the gaps now. * * * * * * * * * * * * * Mayor Neal referred to Item 3, a briefing by the South Texas Military Facilities Task Force. Mr. Steve "Spike" Karlakeas reported on their efforts to keep the area's military facilities open during the Base Realignment and Closure (BRAC) process. Using a baseball analogy, Mr. Karlakeas said the area was now in the seventh inning of a nine inning game. He said the Department of Defense's base closure process was moving forward quickly. Under the law, the DOD was required to disclose a list of proposed closures and realignments by May 16, 2005. He said, however, they had received a number of reports indicating that the DOD was accelerating the process and may complete its work by early next year. He said the task force was working on this assumption. Mr. Karlakeas stated Secretary of Defense Rumsfeld wished to close 25 percent of the installations in the United States, amounting to approximately 100 more bases. He said this BRAC would probably be the last round in our lifetime. Mr. Karlakeas thanked the city and the surrounding counties for their financial support of the military task force. He said now that the effort was in the eleventh hour, the task force needed additional reinforcements to strengthen their efforts. First, they needed representation from the senior leadership in the navy. Second, they needed a mine warfare expert to help further the region's case. He introduced Admiral Paul Ryan, the former commander of the city's Naval Air Station, who they have retained to provide the expertise. He also introduced Admiral Al Konetzni, recently retired from the navy, who they have retained as well. Admiral Konetzni stated he thought having Minutes - Regular Council Meeting September 14, 2004 - Page 4 a center of excellence in mine warfare in Ingleside, TX was of utmost importance to national security. He also thought that if the Ingleside facility was closed, the country would have to wait for another facility to open, creating a great security risk. In conclusion, he was convinced keeping the military installations in the area open was well worth the fight. * * * * * * * * * * * * * Mayor Neal referred to Item 5, the quarterly update from Work -Force 1. City Manager Noe introduced Mr. Oscar Martinez, noting that this would be his last time representing Work -Force 1 since he has was joining city staff as an assistant city manager next month. Mr. Martinez stated Work -Force 1 Chairperson Irma Caballero was scheduled to give today's presentation, but was unable to attend, so he was making the presentation in her absence. Mr. Martinez stated the board was looking at the selection of a new CEO as an opportunity to seek an individual who would use a business model approach, had knowledge of the workforce system, had local relationships in the community, and add a business process and design to the organization. Mr. Martinez also reported on the new direction of the board itself. He said the board was moving its focus from administrative and operational issues, and instead focusing on strategic issues affecting workforce services and economic development. Toward this end, he said the board would look at strategic partnerships to make its limited resources go further, and to pursue grantwriting opportunities to better target the needs of the community beyond the limits of the usual workforce funding. In addition, the board desired to create more community involvement and development, and create a better relationship with economic development organizations in the area. Mr. Martinez announced Work -Force 1 would host an economic development panel discussion for next week to inform economic development corporations in the region on the business needs in the area. He said they would also share the results of the regional cluster analysis study performed by Dr. Jim Lee of Texas A&M University -Corpus Christi. He said the study would promote understanding which industries were particular drivers of the region's economy to ensure that Work -Force 1 services were positioned to support them. In addition, he said Work -Force 1 was working on city and county data to share with local elected officials and others to gauge whether they were truly responding to the needs of the community. In conclusion, Mr. Martinez thanked the board and the Work -Force 1 system for their support, and thanked for the opportunity to be of service. Mr. Martinez introduced Ms. Deborah Arnold, Work -Force 1 Director of Planning, to report on the industry cluster analysis study. Ms. Arnold stated the purpose of the cluster analysis was to obtain a better understanding of the industry composition within the entire 12 -county workforce region. Ms. Arnold defined industry clusters as "engines" of an economy, driving its prosperity. She said the five industries identified in the coastal bend area were as follows: petrochemical, health care, hospitality, construction, and education. She displayed a graph showing how the five industry clusters performed. Minutes - Regular Council Meeting September 14, 2004 - Page 5 Ms. Arnold reviewed the strengths and weaknesses of each cluster. Regarding the petrochemical industry cluster, she said their strengths were as follows: export -oriented industries; occupations with high wages and skills; location advantages, including geographic concentration, infrastructure support, and proximity to the Port and Houston. The weaknesses were as follows: declining employment trends; sensitive to oil price movement; and possible environmental impacts. With regards to the construction cluster, its strengths were relatively high wages and a mix of occupational skills. The weaknesses were that they were non -export oriented industries and their sensitivity to regional economic conditions. The strengths of the health care cluster was characterized as follows: well-established facilities; large numbers of occupations with high wages and skills; served the needs of retirement communities and aging population; enhanced the community's quality of life; and the presence of a nursing school and other medical workforce training facilities in the area. The weaknesses of the health care industry cluster were competition with medical centers in Houston and San Antonio, and a lack of training programs for physicians. The strengths of the education cluster were as follows: complementary to other industries and growing workforce training programs at regional universities. The weaknesses were their reliance on public funding and that they were non -export oriented industries. She noted that this category typically included government entities, but government was excluded from this particular study due to a coding issue. She said the size of the employment in this industry was second only to the Corpus Christi Army Depot. In addition, she said this industry cluster was noteworthy because it could address the problems with educational attainment in the community which affect wages and income earnings for the community. Regarding the hospitality cluster, the strengths of this cluster are as follows: the community's potential as a top tourist destination with attractions; strong community support with major construction projects (e.g. multi purpose arena); and enhances the community's quality of life. The weaknesses were characterized by the mostly low-paying, low -skill jobs in this industry and geographical disadvantages when compared with San Antonio and Houston. Ms. Arnold discussed what the clusters represented to the region's economy. First, she said the clusters represented a diverse mix in the coastal bend, accounting for 44 percent of the regional total employment. Second, the health care, education, and hospitality industry clusters share about 10 percent of the total regional workforce. Third, these five clusters were projected to gain 8,930 jobs by 2010, accounting for 32.6 percent of projected employment growth. Fourth, the five industry clusters account for a total of 4,209 firms or about 40 percent of all firms in the coastal bend area. Fifth, she said the five identified clusters closely match Work -Force 1's existing "targeted" industries, those industries which drive the selected training opportunities for those participants coming to the Work -Force centers. Ms. Arnold provided statistics on Work Force 1's training opportunities related to the identified clusters. Since July 2002, there were a total of 677 persons trained with Work Force Investment Act funds, and over 400 of those individuals were trained in the health care industry (72 percent). She said over 100 individuals (18 percent) were trained in truck driving, a support to the construction industry and petrochemical industries. Finally, she said only 50 participants (18 Minutes - Regular Council Meeting September 14, 2004 - Page 6 percent) were trained in education -related industries. She noted that no training was held for electricians, plumbers, or carpenters in support of the construction industry, and the goal was to better align Work Force 1's training resources with projected industry needs. Ms. Arnold covered several initiatives to better address projected industry needs. Focusing on the education industry, she mentioned a self-sufficiency grant given to CCISD as business partner and Del Mar College as fiscal agent, with the goal of providing training to paraprofessionals to gain certifications as certified teachers. An apprenticeship initiative was also created to better meet the needs of the construction industry in the area, partnering with the following organizations: Texas Gulf Coast Electrical Joint Apprenticeship and Training Committee, South Texas Chapter of the Associated General Contractors, Associated Builders & Contractors Texas Coastal Bend Apprentice Program, and the Corpus Christi Air Conditioning and Plumbing Contractors Association. Finally, she discussed an economic development alignment to discuss the following issues: areas of consensus; potential growth industries; workforce availability; training opportunities; and emerging industries. In conclusion, Ms. Arnold stated numerous data sources were available on Work Force 1's website for more information. Mayor Neal thanked Ms. Arnold, Mr. Martinez, and the Work Force 1 Board of Directors, for their efforts to move the organization forward. * * * * * * * * * * * * * Mayor Neal called for consideration of the consent agenda (Items 6-29). City Secretary Chapa announced that Council Member Noyola was abstaining from the vote and discussion on Items 26 and 29. Mr. Jack Gordy, 4118 Bray, requested that Item 15 be discussed. Council members requested that Items 7, 11, and 22 be discussed. A motion was made and passed to approve Items 6 through 29, constituting the consent agenda, except for Items 7, 11, 15, and 22, which were pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 6. MOTION NO. 2204-347 Motion approving a supply agreement with SBC, of Austin, Texas for hardware and operating system maintenance and support on the City's Cisco network equipment in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $108,894.30. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 7 8.a. MOTION NO. 2004-349 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $77,491 from the Texas Department of Transportation for a SPEED Selective Traffic Enforcement Project (STEP) in the Police Department for overtime speed enforcement and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 8.b. ORDINANCE NO. 025933 Ordinance appropriating $77,491 from the Texas Department of Transportation for funding for a SPEED Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 9.a. RESOLUTION NO. 025934 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Coastal Bend Council of Governments in the amount of $10,000 for a Community Outreach Campaign on the City's new anti -litter ordinance, including recycling and illegal dumping efforts. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 9.b. ORDINANCE NO. 025935 Ordinance appropriating $10,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund for Community Outreach Campaign on the City's new anti- litter ordinance, including recycling and illegal dumping efforts. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 9.c. RESOLUTION NO. 025936 Resolution authorizing the City Manager or his designee to execute a Solid Waste Grant Interlocal Agreement with the Coastal Bend Council of Governments in the amount of $26,619 to provide funding for the City's Assistant Compliance Officer. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 8 9.d. ORDINANCE NO. 025937 Ordinance appropriating $26,619 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide funding for the City's Assistant Compliance Officer. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 9.e. RESOLUTION NO. 025938 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Coastal Bend Council of Governments in the amount of $2,000 for an Educational Program on the City's landfill operations. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 9.f. ORDINANCE NO. 025939 Ordinance appropriating $2,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund for an Educational Program on the City's landfill operations. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 10. ORDINANCE NO. 025940 Ordinance appropriating $2,000 from the Alamo Area Council of Governments in the No. 1071 Community Enrichment Grants Fund for use in the Greater Corpus Christi Clean Cities Coalition programs. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 12.a. RESOLUTION NO. 025943 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $80,000 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Technical Assistance Negotiated Grant program located at the Corpus Christi Public Library. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 9 12.b. ORDINANCE NO. 025944 Ordinance appropriating a grant of $80,000 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund for a full-time computer repair technician for public libraries within the South Texas Library System. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 13.a. RESOLUTION NO. 025945 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $143,518 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the Interlibrary Loan Referral Center located at the Corpus Christi Public Library. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 13.b. ORDINANCE NO. 025946 Ordinance appropriating a grant in the amount of $143,518 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund to continue operation of the Interlibrary Loan Center located at the Corpus Christi Public Library. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 14.a. RESOLUTION NO. 025947 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $707,709 and to execute a contract and all related documents with the Texas State Library and Archives Commission to continue operation of the South Texas Library System located at the Corpus Christi Public Library. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 10 14.b. ORDINANCE NO. 025948 Ordinance appropriating a grant in the amount of $707,709 from the Texas State Library and Archives Commission in the No. 1068 Library Grants Fund to continue operation of the South Texas Library System located at the Corpus Christi Public Library. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 16.a. RESOLUTION NO. 025949 Resolution authorizing the City Manager or his designee to accept a grant from the Texas Department of Health authorized in the amount of $640,245 for bioterrorism preparedness. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 16.b. ORDINANCE NO. 025950 Ordinance appropriating a grant in the amount of $640,245 in the No. 1066 Health Grant Fund from the Texas Department of Health for bioterrorism preparedness. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 17. MOTION NO. 2004-350 Motion authorizing the City Manager or his designee to execute Subrecipient agreements for funds provided from the FY 2004 Community Development Block Grant (CDBG) Program and Emergency Shelter Grant (ESG) Program. FY2004 CDBG Program: a. Harbor Playhouse Company - $50,000 for replacement of all roof systems on the building with the exception of the roof over the office located at 1 Bayfront Park. FY2004 ESG Program for Homeless Activities: b. The Salvation Army - $15,000 for the provision of essential services including services concerned with employment, physical health and education of the homeless, and payment of maintenance and operations that includes rent, insurance, utilities and furnishings. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 11 18. MOTION NO. 2004-351 Motion authorizing the City Manager or his designee to execute a Utility Easement, Surface Site Easement and Access Easement instrument with R. Bryan Gulley, for Parcels IA, 1B, 1C, and 1D in the total amount of $85,000, necessary for the Rincon Bayou Diversion Pipeline, Project No. 8416, and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 19. MOTION NO. 2004-352 Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Agnes L. Polasek, et al, for Parcel 3, in the total amount of $78,800 plus $1,500 in closing costs, necessary for the Buckingham Estates Lift Station and Force Main Diversion Project No. 7117 and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 20. MOTION NO. 2004-353 Motion authorizing the City Manager or his designee to execute Change Order No. 9 with Holloman Corporation, of Converse, Texas in the amount of $70,971.10 for the Kostoryz Lift Station and Force Main Project to decommission offsite Cabaniss and Crestmont lift stations and convert the offsite temporary force main into a gravity line. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 21. MOTION NO. 2004-354 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Engineering & Construction Management Services, of Corpus Christi, Texas in the amount of $31,680 for Americans with Disabilities Compliance at Various Sites: * Individual Requests - Staples from Brownlee to DeForrest * Mary Grett Cunningham Middle School area * Memorial Hospital area The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting September 14, 2004 - Page 12 23. MOTION NO. 2004-356 Motion authorizing the City Manager or his designee to authorize an agreement with American Electric Power (AEP) in the amount of $140,543.12 for the Street Lighting System for the Seawall Reconstruction Project Contract C - Peoples Street to Coopers Alley. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 24. MOTION NO. 2004-357 Motion authorizing the City Manager or his designee to make an additional payment in an amount not to exceed $64,000 to Wilson Plaza Associates, L.P. for modifications to the City's Detention and Magistration Center located at Wilson Plaza, Suite 113-A. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 25. RESOLUTION NO. 025951 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with San Patricio County in the amount of $40 per prisoner per day for jail services. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 26. ORDINANCE NO. 025952 Ordinance appropriating $150,000 into Passenger Facility Charge Fund No. 4621 from unreserved Fund Balance for Passenger Loading Bridges at the Corpus Christi International Airport; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $150,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Cooper was absent; Noyola abstained. Minutes - Regular Council Meeting September 14, 2004 - Page 13 27. RESOLUTION NO. 025953 Resolution authorizing the South Texas Aggregation Project, Inc. (STAP) to negotiate an electric supply agreement for deliveries of electricity effective January 1, 2005; authorizing the City Manager or his designee to sign a contract with STAP for the City of Corpus Christi's 2005 electricity needs; and committing to budget for energy purchases in 2005 and to honor the City of Corpus Christi's commitments to purchase power for its electrical needs in 2005 through STAP. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 28. ORDINANCE NO. 025930 Ordinance authorizing the City Manager or his designee to execute a Drainage Easement Maintenance Agreement with Home Depot, U.S.A., Inc. (Owner), allowing owner the right to use the 10 -foot wide (3,660 -square feet) drainage easement by building a garden center structure out of Lot 10R, Block 1, Moore Plaza, from manhole to manhole, with specified conditions; and establishing a fee of $18,300. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 29. ORDINANCE NO. 025954 Authorizing the City Manager or his designee to execute a long term lease expiring September 30, 2016 with the Federal Aviation Administration for an Airport Surveillance Radar Facility Site at Evelyn Price Park located in the City of Corpus Christi. (First Reading - 8/17/04) An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Cooper was absent; Noyola abstained. Mayor Neal opened discussion on Item 7 regarding the TxDOT Driving While Intoxicated Selective Traffic Enforcement Project (STEP) grant. Mr. Kinnison noted there were thirteen alcohol -related deaths in the city this year, and he asked for any data showing if certain areas of town (e.g. downtown) or certain establishments were contributing to the problem. Mr. Noe replied staff would provide a report on alcohol-related fatalities as well as DWI arrests to see if there were any patterns. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting September 14, 2004 - Page 14 7.a. MOTION NO. 2004-348 Motion authorizing the City Manager or his designee to accept grant funding in the amount of $44,380 from the Texas Department of Transportation for a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI enforcement and to execute all related documents. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 7.b. ORDINANCE NO. 025932 Ordinance appropriating $44,380 from the Texas Department of Transportation for funding for a Driving While Intoxicated Selective Traffic Enforcement Project (STEP) in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 11 regarding a gift from Walmart for the Northwest Branch Library. Mr. Kelly recognized Walmart for their donation to the library, saying they were another example of a good corporate citizen contributing to the community. City Secretary Chapa polled the Council for their votes as follows: 11.a. RESOLUTION NO. 025941 Resolution authorizing the City Manager or his designee to accept a $2,000 gift from Walmart to purchase books and other library materials for the Northwest Branch Library. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 11.b. ORDINANCE NO. 025942 Ordinance appropriating a $2,000 gift from Walmart in the General Fund No. 1020 to purchase library materials and amending the FY 2004-2005 Operating Budget adopted by Ordinance No. 025878 to increase appropriations by $2,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal opened discussion on Item 15 regarding an annual grant for access studio equipment. Mr. Jack Gordy, 4118 Bray, asked the Council to withhold payment of the $7,000 grant award to NuPAC, Incorporated because of serious concerns regarding the NuPAC leadership and the management of the studio. He said NuPAC President Cruz Colomo had made several Minutes - Regular Council Meeting September 14, 2004 - Page 15 questionable management decisions, including allowing the studio's insurance to lapse, restricting studio access, failing to pay the studios electricity bill, and using NuPAC funds for expenses that were not allowed under the contract. Finally, Mr. Gordy suggested that if the Council did decide to approve the grant, the city should take steps to assume control of the funds to prevent further misuse. Mr. Noyola asked if the Cable Communications Commission was aware of the problem, and asked if they had taken any action. Director of E -Government Services Susan Cable explained the Cable Commission oversaw the activities of the public access user groups, but by contract, the city oversaw the use of the studio. She reported the $7,000 grant in question was from October 2003, and the grant award was postponed pending a police investigation and financial audit due to a complaint. She said no violation was found, so the funds can now be distributed. She noted the current contract restricted the use of funds for the repair and replacement of equipment only. She reported last Friday, the city sent a certified letter to NuPAC citing their concerns about the studio's management, and gave them ten days to address the concerns. Cable Communication Commission Chairman Richard Pulido stated that the commission was taking a proactive approach to the problems with public access user groups. He said on August 30, the commission directed the PAUG to review their bylaws and regulations to see if they could come to an agreement on how the PAUG should be run. He asked the Council to postpone the funding request until the PAUG have demonstrated that they are moving forward in a professional manner. In response to Mr. Colmenero's question, Chairman Pulido stated the commission would be meeting on September 27 with the PAUG board members to discuss their progress, and he asked the Council to wait until after this meeting before approving the grant. Mr. Kinnison thanked Chairman Pulido and the Cable Communications Commission for their efforts to resolve this problem. He stated the city should strongly consider controlling the funds in the future to ensure that the funds were being used properly. Mr. Noyola agreed with Mr. Kinnison. City Manager Noe replied the funds in questions were approved for use in 2003-04, and thus were covered under the provisions of the previous contract. He said the contract had now expired, however, and staff could amend the new contract to provide for city control of the funds. Ms. Cable added staff would also require the president of NuPAC to sign an acknowledgment form citing the allowable uses for the funds and requiring them to submit receipts for any expenditures. Mr. Kelly stated it was becoming tiresome that the Council was continually becoming involved in the PAUG's basic financial and operational issues. He asked if the Cable Communications Commission could be given the authority to distribute funds to PAUG. City Manager Noe replied to this point, the commission has been involved in operational issues. He said staff could explore how to involve the commission more directly in the PAUG's financial oversight as well. Mr. Jerome Bradford, a PAUG producer, spoke regarding concerns about the historical problems with NuPAC leadership, and the lack of funding for the studio. Mr. Kinnison made a motion to table Item 15 until the first Council meeting in October (October 11), seconded by Mr. Kelly, and passed. Minutes - Regular Council Meeting September 14, 2004 - Page 16 15. TABLED UNTIL OCTOBER 11, 2004 im�La!ICC app Full d Rcs rvc fur at,ccs3 studio cquipiiicid. ca by Gab1. OpCiaLaiS ul ti K II la Mayor Neal opened discussion on Item 22 regarding an underground storage tank mitigation contract. Mr. Kelly asked for a status report on the city's progress in mitigating the underground storage tanks at the Old RTA Facility. Assistant Director of Engineering Services Kevin Stowers replied the TCEQ was reviewing the results of the last year of monitoring and ground water withdrawal to see if the area could be closed as an active site. If the TCEQ determined there was still product in the ground greater than their closure requirements, they would require additional mitigation efforts. Mr. Kelly asked if the TCEQ closed the site, could the site be used for another purpose. Assistant City Manager Ron Massey replied affirmatively, noting there were limitations on the usage. He said the city was optimistic the site would be closed. City Secretary Chapa polled the Council for their votes as follows: 22. MOTION NO. 2004-355 Motion authorizing the City Manager or his designee to assign the contract with Applied Earth Sciences, Inc. of Houston, Texas for Underground Storage Tank Mitigation (Contract No. 2) for Fire Station No. 10 and the Old Regional Transportation Authority Facility to Delta Environmental of Shoreview, Minnesota. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. * * * * * * * * * * * ** Mayor Neal referred to Item 32.a., and a motion was made, seconded and passed to open the public hearing on the following item: 32.a. Public hearing to consider abandoning and vacating a 30,000 -square foot portion of an undeveloped and unsurfaced 20 -foot wide dedicated public right-of-way out of Lots 1, 8, and 9, Artemus Roberts Subdivision (approximately 0.86 miles south of the Leopard Street right- of-way and west of the Rand Morgan Road Street right-of-way); subject to owner's compliance with the specified conditions. No one spoke in opposition to the abandoning and vacating of the public right-of-way. Mr. Noyola made a motion to close the public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting September 14, 2004 - Page 17 32.b. ORDINANCE NO. 025955 Ordinance abandoning and vacating a 30,000 -square foot portion of an undeveloped and unsurfaced 20 -foot wide dedicated public right-of-way out of Lots 1, 8, and 9, Artemus Roberts Subdivision (approximately 0.86 miles south of the Leopard Street right-of-way and west of the Rand Morgan Road Street right-of-way); subject to owner's compliance with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. * * * * * * * * * * * * * Mayor Neal opened discussion on Item 33 regarding a federal cost sharing agreement for the Nueces River Feasibility Study. Assistant City Manager Ron Massey reported the Council had previously approved a draft federal cost sharing agreement which was forwarded to the Corps of Engineers for review. He said minor changes were made to the agreement that had been approved by staff and the other partners. The Council's approval today would allow the city manager to sign the contract on behalf of the city, and would appropriate the city's first year share of the project study costs ($118,000). Mr. Kelly asked if the recharge enhancement projects were approved, would the feasibility study address what mitigation efforts the city was entitled to. Mr. Massey replied mitigation efforts would be part of the feasibility study, and it was important for the city to be involved in the study to ensure that the mitigation would be acceptable to the city. Mr. Kelly expressed concern about San Antonio's efforts to infringe on the city's water rights, and he was wary of this project. City Manager Noe replied the feasibility study was completely separate from the city's dispute with San Antonio over existing recharge initiatives. Mr. Kelly said the city should still keep a close eye on the situation. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 33.a. RESOLUTION NO. 025931 Resolution authorizing the City Manager or his designee to execute a Federal Cost Sharing Agreement between the Department of the Army and Nueces River Authority, City of Corpus Christi, San Antonio Water System, San Antonio River Authority, and Guadalupe - Blanco River Authority for the Nueces River and Tributaries, Texas Feasibility Study. The foregoing resolution was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 3eanreeze olive woma nmaer accessroruty to men- property arm arrect me quality or access. Minutes - Regular Council Meeting September 14, 2004 - Page 18 33.b. ORDINANCE NO. 025956 Ordinance appropriating $118,820 from the No. 4010 Water Fund for the City's initial cost share under Federal Cost Sharing Agreement between the Department of the Army and the Nueces River Authority, City of Corpus Christi, San Antonio Water System, San Antonio River Authority, and Guadalupe -Blanco River Authority for the Nueces River and Tributaries, Texas Feasibility Study. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. Mayor Neal called for a brief recess to present proclamations. * * * * * * * * * * * * * The Council returned from recess, and Mayor Neal called for petitions from the audience. Ms. Ria Jacobson, 2921 Coleman, spoke regarding concerns about the risque content of a number of billboards in the city and programming on Channel 7. * * * * * * * * * * * * * Mayor Neal referred to Item 31.a., and a motion was made, seconded and passed to open the public hearing on the following item: 31.a. Public hearing to consider abandoning and vacating a 27,082 -square foot portion of an undeveloped and unsurfaced 60 -foot wide dedicated public right-of-way (Seabreeze Drive) extending 451 linear feet north of South Padre Island Drive and east of Southbay Drive, out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex; subject to owner's compliance with the specified conditions. City Secretary Chapa announced this ordinance would be read in two readings, this being the first reading. He also stated Council Member Scott would be abstaining from the vote and discussion on this item. Director of Development Services Barbara Bailey explained the city had received a request from Ms. Dawn Melancon, Mr. Arnold Krueger, and the Baptist Foundation of Texas, to close Seabreeze Drive. She said they comprised two of three abutting property owners in the area, and were requesting the closure to build a multi -story apartment complex that would not be divided by a public road. Ms. Bailey reported when staff evaluated a request for abandonment, they needed to ensure all public interest in the road had been extinguished. She said the public interest in the road was mostly extinguished, with the notable exception of the third abutting property owners where the undeveloped public right-of-way deadended, Dr. and Mr. Guthrie. Dr. and Mr. Guthrie were opposed to the abandonment and vacation of the public right-of-way because the closing of Seabreeze Drive would hinder accessibility to their property and affect the quality of access. Minutes - Regular Council Meeting September 14, 2004 - Page 19 Ms. Bailey said staff met with the Guthries and informed them they would still be able to access their property from Baylark Drive, Cayo Drive, and Seashore Drive, local streets in the area. Without Seabreeze Drive, however, the access to their property was less than ideal because it would be limited to a local street. Generally, she said apartments were placed on collector streets due to density and resulting traffic. In addition, if the proposed development proceeded, it would make the rear property less suited to single family development. Ms. Bailey stated that the preferred solution would be to provide alternative access to the Guthries's property. She showed a proposed alternate road to the rear property branching off of Southbay Drive that would not require going through a local street. Staff was proposing that the developer pay for the cost of the proposed street, approximately $45,000, as well as approximately $20,000 toward storm sewer and water improvements. Ms. Bailey also stated many residents in the area had signed a petition in favor of the closure of Seabreeze Drive. Mr. Larry Urban with Urban Engineering, representing the applicants, stated Seabreeze Drive was approximately 27,000 square -feet, valued at approximately $27,000. The proposed alternate access road was approximately 21,000 square feet. He said the applicants proposed swapping the cost of 21,000 square feet of the proposed alternate access road for the cost of 21,000 square feet of Seabreeze Drive. This would leave a difference of 6,000 square feet, which the developer agree to pay for at the appraised value of $1 per square foot. In addition, the applicants proposed paying the city $62,400 for the cost of the water, sewer, paving, drainage, and curb and gutter improvements for the proposed alternative access road. Mrs. Mary Ann Guthrie spoke in opposition to the closing of Seabreeze Drive. She commented this was the first time she had heard about the proposed alternate route. She was interested in the proposal because it seemed that the developer would bear the cost of the new road, which seemed fair in her opinion. She and her husband were unhappy, however, with the very short amount of notice they had been given about the issue. On August 12, 2004, Ms. Bailey had informed them that the street closure was not going to take place. Three weeks later, Mrs. Guthrie said Mr. Willie Medina with Development Services called and said the closure was going to take place after all. She received one week's notice that the item was going to be on the agenda today, and received a mailed notice three days before today's hearing. Mr. Kelly questioned closing Seabreeze Drive because it would limit access from the Guthries's property to S.P.I.D. Ms. Bailey replied that an off -ramp from SPID was located directly in front of Seabreeze Drive. The proximity of the off -ramp to the Seabreeze did not make it a safe access point to the any of the properties abutting the street. She said TxDOT preferred that a replacement street be implemented. Mr. Kelly was sympathetic to Dr. and Mrs. Guthrie's assertion that they were given insufficient notice and information about the matter. He thought it would be premature to approve the ordinance until more discussion had taken place. Ms. Bailey replied staff was recommending two readings for this ordinance to allow for more discussion with the interested parties. Staff was not recommending final action at this meeting, but instead wanted to hold the public hearing and then bring the item back at a later date. Ms. Bailey said staff wanted to give Dr. and Mrs. Guthrie more time to digest the offer before making a decision. Minutes - Regular Council Meeting September 14, 2004 - Page 20 Mr. Chesney expressed concern that the Guthries were given such short notice about the matter. He did not want to pass the ordinance on first reading, suggesting instead that the item be tabled and brought back as an emergency ordinance next week. Mr. Noyola and Mr. Colmenero agreed with Mr. Chesney. Ms. Dawn Melancon, one of the applicants, stated she has been trying to work with the Guthries, but they did not seem to want to communicate with her. A motion was made, seconded, and passed to close the public hearing. Mr. Chesney made a motion to table this item until next week (9/21/04), bringing it back as an emergency ordinance, seconded by Mr. Colmenero, and passed. 31.b. TABLED UNTIL SEPTEMBER 21, 2004 Ordinance abandoning and vacating a 27,082 -square foot portion of an undeveloped and unsurfaced 60 -foot wide dedicated public right-of-way (Seabreeze Drive) extending 451 linear feet north of South Padre Island Drive, out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex; subject to owner's compliance with the specified conditions. Mayor Neal referred to Item 30.a., and a motion was made, seconded, and passed to open the public hearing on the following item: 30.a. Public hearing to consider approving and adopting the Wastewater Collection System Master Plan - Allison Service Area as described on Attachment 1, which amends the Master Sanitary Sewer Plan as prepared by Reagan and McCaughn and adopted December 23, 1964 by Ordinance No. 7441 and rescinds the Sanitary Sewer Master Plan, save and except the Storm Sewer Master Plan, for the areas of Wood River, River Hills, Valley View, and Quail Valley in the area of Farm -to -Market Road 624 west of Highway 77 adopted March 10, 1982 by Ordinance No. 16927. City Engineer Angel Escobar stated that there were six areas in the city's Wastewater Collection System as follows: Allison service area (extreme northwest); Whitecap (Padre Island); Laguna Madre (Flour Bluff); Oso (extreme east); Greenwood; and Broadway (downtown). He said these amendments to the Wastewater Collection System Master Plan would focus on the Allison service area only. He said the amendments would address factors in present and future developments by providing guidance in the preparation of the collection system for the Allison service area based on ultimate land use. He said the plan would cover development for the next 20 to 30 years. The plan had been presented to the Planning Commission, department and local consultants and developers, and had received support for the plan. Mr. Escobar introduced Mr. Carl Crull with HDR Engineering, the firm hired to complete the master plan for collection systems that service the Allison area. Mr. Crull displayed a map of the Allison service area, bounded by the Nueces River and Missouri Pacific Railroad along the northern boundary; Corn Products Road along the eastern boundary; State Highway 44 along the southern boundary (including the Clarkwood Township); and the Robstown ETJ and County Road 73 along the western boundary. Within the service area, he noted there were two areas covered by existing plans that encompassed a large portion of the proposed Wastewater Collection System Minutes - Regular Council Meeting September 14, 2004 - Page 21 Master Plan - Allison service area. He provided a brief history on their creation. A sanitary sewer master plan was adopted in 1964, developed by Reagan and McCaughn, due to an annexation in 1961. A second sanitary sewer master plan covering another area was adopted in 1982 to cover the Wood River area. One of the shortcomings of the 1982 plan was it stated that the sewer system was it was not specific enough. In 1984, city staff developed a report specifying how to expand the sewer system between the Allison plant and other areas. Mr. Crull stated the flow assumptions staff made for the plan were 70 gallons per person per day, and 400 gallons per acre of infiltration. He said the land use assumptions were based on the area development plans, which were not available for use in the previous master plans. Mr. Crull reported the Allison wastewater collection system was comprised of five component systems: System 1 (Turkey Creek line); System 2 (Woodland Creek Line); System 3 (Hearn Road Line to Sharpsburg Lift Station); System 4 (Leopard Road Line to Sharpsburg Lift Station); and System 5 (Sharpsburg Road Line to Sharpsburg Lift Station). He said Systems 1 and 2 would flow directly into the Allison Wastewater Treatment Plant while Systems 3, 4, and 5 would flow into the Sharpsburg Lift Station and are then pumped into the Allison Wastewater Treatment Plant. To create the new Wastewater Collection System Master Plan for the Allison service area, Mr. Crull stated the following actions were needed: • the 1964 sanitary sewer master plan had to be amended to include additional areas in the new master plan • the 1982 sanitary sewer master plan had to be rescinded in its entirety, except the storm sewer master plan that is part of it • delete the area north of IH -37, east of the Turkey Creek wastewater collection main, and west of Corn Products Road from the 1964 Master Sanitary Sewer Plan. The development of this area has primarily been large petrochemical plants and associated industrial uses. These plants have their own treatment facilities to address their domestic wastewater and industrial process water. • the area generally bounded by IH -37, Corn Products Road, Sedwick Road, Sedwick Road extended, and Rhew Road needs to be transferred from the 1964 Allison Service Area to the Greenwood Service Area. Wastewater flows from this area will be serviced by the Greenwood Treatment Plant. • adopt the Wastewater Collection System Master Plan - Allison Service Area. Mayor Neal noted this plan only covered the Allison Service Area. He asked when the city would develop plans for the city's other service areas. Mr. Escobar replied the city was deficient on several of its service area plans, notably the Laguna Madre service area. City Manager Noe added according to the city's CIP discussions, the plan was to take one of the areas at a time and update it. In response to Mayor Neal's question, Mr. Foster Edwards, director of wastewater services, stated the city's wastewater system was operating under a variance with a 20/20 permit. The TCEQ wanted to see the city operate under a 10/15 permit, which was more expensive. The city and the TCEQ have been discussing the matter for over 10 years. Mr. Edwards stated he and First City Attorney Jay Reining were going to discuss the matter with the TCEQ at a meeting soon. Minutes - Regular Council Meeting September 14, 2004 - Page 22 There were no comments from the public. A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa polled the Council for their votes as follows: 30.b. FIRST READING ORDINANCE Amending the City's Comprehensive Plan by amending the Master Sanitary Sewer Plan, as adopted December 23, 1964 by Ordinance No. 7441 (Master Sanitary Sewer Plan for areas annexed in 1960 and 1961 except Flour Bluff), and rescinding the Sanitary Sewer Master Plan, save and except the Storm Sewer Master Plan, for the areas of Wood River, River Hills, Valley View, and Quail Valley, in the area of Farm -to -Market Road 624 west of Highway 77, adopted March 10, 1982 by Ordinance No. 16927 (Storm Drainage Plan and Sanitary Sewer Plan for the area west of Calallen (Five Points), by approving and adopting the Wastewater Collection System Master Plan - Allison Service Area, as shown in Attachment 1. The foregoing ordinance was passed and approved on its first reading with the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. * * * * * * * * * * ** Mayor Neal called for the City Manager's report. City Manager Noe reported the first meeting for NIP Site 6 took place last night at the Zavala Special Emphasis School. He said there was record attendance at the meeting, and he thanked the school principal and the neighborhood for getting the word out. Mr. Noe also referred to a memo on the operation of the detention and magistration center this weekend. He thanked everyone involved for making the opening as smooth as possible, especially Judge Tamez and Mr. Rene Mendiola with Municipal Court, the police department, and Sheriff Larry Olivarez and his office. He said there were a few outstanding construction items but staff anticipated completely them incrementally over the next few weeks. Mr. Garrett commented the greatest accomplishment was processing prisoners in 40 minutes on the average, as opposed to three to four hours in the county. Mr. Noe also reported Assistant City Manager Mark McDaniel would be leaving the city's employment. He said the city would hold a function soon to wish him well. Mayor Neal called for Council concerns and reports. Mr. Noyola gave his condolences to the family of Ms. Evita Moreno, who passed away recently. He also asked regarding the new dance hall permit fees, saying non -profits were being adversely affected by the fees. He asked staff to provide a report on the projected revenues from the dance hall permit fees. Mr. Noyola also thanked Mayor Neal and Mr. Garrett for participating in the 16 de Septiembre parade. Finally, Mr. Noyola reported the old TxDOT building near Port and Morgan was in bad shape, and the grass needed to be mowed. Mr. Garrett reported a traffic light near Port and Morgan was hanging too low. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1:08 p.m. on September 14, 2004.